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Medlaw News

January 9, 2012

Unnecessary cardiac stenting causing several doctors to defend malpractice suits, to defend licensing complaints, and to spend time in jail.

Doctors now requiring patients to sign arbitration agreements before receiving care. Now lawyers refuse to take cases because they “can’t get patients in front of a jury.” One lawyer interviewed for the article stated that arbitrators typically side with doctors in litigation and are “absolutely not” fair.
Aren’t most arbitrators lawyers?

In medicine, referral fees like this are illegal. Nevada lawyer is entitled to a $100,000 fee for referring a malpractice case to another attorney. The other attorney was initially ordered to pay $33,333 for the referral. On appeal, the federal court of appeals tripled his bounty.

Physicians in India “scurry” to purchase medical malpractice insurance against frivolous lawsuits. Hospitals now require such insurance in order for physicians to practice there.

You’ve heard of distracted driving? Now there’s “distracted doctoring.” I’m not going to link to the lawyer’s press release that mentioned the phrase, but the firm cites a couple of articles saying that medical professionals have issues with their gadgets. This New York Times article describes a neurosurgeon who made personal calls during an operation (afterward, the patient was partially paralyzed), nurses and techs surfing the internet during surgery and cardiac bypass techs texting during a procedure.
If you’re Facebooking or Tweeting when your patient crashes, it isn’t going to look good in court.

Canadian teen suffers traumatic cardiac arrest after car crash, then later dies in hospital. Court inquest in to whether paramedics or hospital staff should be liable. One issue was whether the 3-5 minute delay starting an IV in the field and restraining the patient contributed her death. One of the physicians investigating the matter was quoted as saying “”It’s like you’re damned if you do and you’re damned if you don’t.” Wow. Sounds kind of familiar.

Lawyers complain about “Judicial Hellhole” rankings. Excuse me while I go grab some tissues.

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